It seems to be a fashion to fly to the destination city to rent a car during the National Day holiday these two years. However, this past National Day, Ms. Chen, who came from Beijing to rent a car in Chengdu, was very upset: before the National Day, she booked an off-road vehicle on Yi Bei and paid a deposit, but when she came to Chengdu on June 3rd, she found that there was no such model and she had to change. "Because the previous tenants postponed at will, the models in Chengdu are all messed up now, so it's good to get the car." The staff of Chengdu car rental said this. But lawyers don't agree with the car rental company. If the merchant rents the agreed vehicle after accepting Ms. Chen's appointment, so that the consumer can't pick up the car on time, and the merchant is suspected of consumer fraud, it should bear the legal responsibility of returning one and losing three according to the provisions of the Consumer Law. Two weeks ago, Ms. Chen from Beijing booked an SUV from peugeot 3008 on eBay, and agreed to pick it up at the store of Shuangliu Airport on the afternoon of June 3, 65438. Then I paid all the expenses of more than 2000 yuan through the internet. On the 3rd, after she got off the plane, she took the baby and the old man to their shop according to the order, and was told that there was no car of this model. Ms. Chen told reporters that the store promised to change the model for Ms. Chen, but the car she changed was a car, not an SUV. "They said that I really don't have a car and I have to change to a Passat." Ms. Chen said that she rented this car to her and she was not used to driving it. "It takes two hours to drive from Chengdu to Mianyang. I am very nervous and drive slowly all the way." But with the elderly, children and a lot of luggage, she can only accept the solution of changing cars. "I paid the money two weeks ago. Why can I reserve this car online at that time? I think their sales are beyond their own strength. " No car rental. Why can't the car that Ms. Chen has already booked be rented out because the previous tenant forcibly renewed the lease? The staff who rent a car in Chengdu also seem quite helpless. He said that during the National Day, local vehicles were basically in a car-free state. It is a good solution to change Ms. Chen's car. "There are no more than 400 cars left now." Ms. Chen told reporters that more than one person has encountered her similar situation. The staff member also admitted that many customers chose different cars and "all screwed up." Many customers who rented cars before the National Day forcibly renewed their rents, and later it became more and more chaotic. Now some reserved customers just wait for the car to leave. Now many leasing companies are also in this state. "In fact, during the National Day, we didn't just grab a car rental. According to another car rental company, * *, the proportion of car rental bookings for the National Day has exceeded 90%. According to past experience, the National Day holiday is the peak of car rental, and it often happens that the rental rate reaches 100% and all the vehicles are rented out. Merchants are suspected of consumer fraud. Lawyers of Beijing Anbo (Chengdu) Law Firm believe that Ms. Chen rents a car on the Internet and pays the car rental fee. Merchants should provide vehicles to consumers as agreed. If the merchant itself has no agreement on the vehicle or the agreed vehicle is rented by the merchant after Ms. Chen accepts it, so that the consumer can't pick up the car on time, and the merchant is suspected of consumer fraud, she should bear the legal responsibility of returning one and losing three according to the provisions of the Consumer Law. On the other hand, the supervision of the car rental industry is not perfect. During holidays, car rental prices generally rise. The reporter found on Hi Car Rental Online that the lowest rental price of a Volkswagen Santana on weekdays is 84 yuan. During the National Day, the price exceeded 174 yuan and more than doubled. According to industry insiders, in some tourist cities, the holiday car rental price can even triple. In addition, some car rental companies default on consumer deposits. Car rental lacks supervision. For car rental, there is no unified coordination and management department in China. I don't even know the authoritative statistics of the most basic information such as industry scale and business entities. Some experts said that the laws of the National People's Congress and the administrative regulations of the State Council are blank in the field of car rental. At present, there is only one administrative regulation in the State Council, that is, the Regulations on Road Transportation enacted in 2004, which does not include car rental in the scope of regulation. According to the statistics of China Road Transport Association, among the 32 provinces, autonomous regions and municipalities directly under the Central Government, only Beijing and Shanxi Province have formulated local laws and regulations on car rental. Zhang Yibing, a car rental expert from China Road Transport Association, said that the definition and scope of car rental in these laws and regulations are also very confusing. Some regulations prohibit the provision of driving service, and some stipulate that the lease period is more than three months, and the wedding car can provide driving service. Some stipulate that the leased vehicles are passenger cars with less than 9 seats, while others stipulate passenger cars, trucks and special vehicles. Rent a car also has the definition of taxi. In Japan, the car rental industry has been divided in detail, especially the short-term car rental industry with outstanding traffic attributes has been identified as "the cross-street industry with paid loans for self-use automatic vehicles", which is not only convenient for industry management according to its traffic attributes (such as using special signs and shortening the inspection period), but also different from the traditional road transportation industry (not registered as an operating vehicle and not scrapped according to the standards of operating vehicles). I hope that through the above contents, you will have a deeper understanding of the related issues of car rental without deposit. If your situation is complicated, this website also provides online consultation service for lawyers, and you are welcome to make legal consultation.
Legal objectivity:
Article 266 of the Criminal Law of People's Republic of China (PRC). If the amount of fraud is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.